On the relation between civil compensation of traffic accident certificate and
road traffic accident responsibility finds just on traffic accident reasons responsibility of confirmed, does not equivalent Yu civil responsibility of divided; motor vehicle to non-motor vehicle party personnel casualties of traffic accident, motor vehicle party should appropriate bear more civil responsibility; Court can in civil in the on road traffic accident responsibility finds for with sex review, can used or refused to used responsibility finds book, but not can directly revoked or change.
on August 29, 2002, accused a drive without a license to purchase individual assembling the excavator in highway traffic, collided with the bike road across from the plaintiff, resulting in a bicycle plaintiff's daughter in the back seat (3 years old) death, the plaintiff was injured and the original defendant, major traffic accidents vehicles varying degrees of damage. County traffic police to liability, the plaintiff did not pass on the right, driving without a license the individual Assembly excavators for the accused, identified defendant bear equal responsibility for the accident. Plaintiff refuses to apply for identification, city traffic police to reconsider the book, maintain a County traffic police responsibility. Plaintiff due to traffic Police Department refuses to accept the responsibility, to the Court of administrative proceedings, courts do not belong to the scope of administrative by inadmissible. Original defendant on the matter of compensation negotiations fail, the plaintiff then appealed to the Court, asked the defendant to compensate the loss of 30000 Yuan.
in civil proceedings, the plaintiff claims police violated the law program, identify factual errors. Main reason has: 1, and police team site identifies figure no accident vehicles long wide, and death people of location marked; 2, and site figure no party and the witnesses signed; 3, and accused accident vehicles two front wheel wide 2.1 meters, road wide 4 meters, both are recognized hit of is left front wheel, site figure marked impact location from Road South 1.6 meters, which projections, digging machine Qian right round on in road outside has, apparently not real.
after hearing, the Court considered, and certificate of liability to the plaintiff alleged traffic Police Department procedure illegal and inconsistent with the facts, but there is no evidence, the certificate of liability to be credible. But liability books just for traffic accident responsibility confirmation does not equate with civil liability Division, this case is a non-motor vehicle shall transport of casualties caused by motor vehicle accidents, as civil liability for motor vehicle shall be suitable to take on more of the accused. Considering the 65% civil liability borne by the defendant, the defendant damages 17423.
after the verdict, defendant did not appeal.
, public security organs in the traffic accident responsibility determination relationship with civil liability
in this case occurred before the promulgation and implementation of the traffic safety Act, the author of the mengcun County, roughly the trials before the court cases of traffic accidents, Involved, without exception, fully in accordance with the public security organs ' responsibility judgment the Parties shall bear civil liability. Even if the judge recognized certificate of liability where irregularities in the legal regulation is not clear in the period, usually without the courage to bear the legal risk, are "safe" award by certificate of responsibility, it can be said that the Division of responsibility equivalent to civil liability. Along with the in-depth study, different traffic accident liability and civil liability in theory gradually clarified. Legal social, civil compensation must take into account social factors of traffic accidents, to give a certain degree of protection of vulnerable groups. Division of civil compensation responsibility solely on the basis of reasons, loss of social justice. This theory is widely accepted, the decision also made during the period. In the present case, the Court accepted the police traffic accident responsibility determination, but the public security traffic police traffic accident identification of traffic accident causation analysis is based on the provisions of the Road Traffic Ordinance, the accident responsibility confirmation caused, the Court should also be based on the traffic accident responsibility determination, considering other factors, determine the civil liability of the accused.
to non-motor vehicle motor vehicle injuries in case of traffic accidents, whether from the operation of motor vehicles bicycle pedestrian the strong position of the society as a whole, or from the motor vehicle shall operate to benefit at the same time increased risk to society, shall bear civil liability for more. Therefore, the legal duty of care required of the motor vehicle shall inflict higher, its purpose is to increase the civil liability of the perpetrators, better protection of lawful rights and interests of the victims, but also to avoid more traffic accidents occur, reflecting the principle of people-oriented, respect the value of life the spirit of the law. Accordingly, the defendant in traffic accident responsibility determination based on the need to take on more liability. From another perspective, the traffic accident responsibility determination also serves to show the plaintiff in the case of the accident have obvious mistakes, should apply the principle of contributory negligence, and appropriately reduced the defendant's civil liability. Defendants shall bear civil liability, the judge has some discretion and judgment in the present case the defendant 65% civil liability.
2003 issued of traffic security method 76th article subsection (ii) items on this has made clear of provides: motor vehicle and non-motor vehicle driving people, and pedestrian Zhijian occurred traffic accident, non-motor vehicle driving people, and pedestrian no fault of, by motor vehicle party bear compensation responsibility; has evidence proved non-motor vehicle driving people, and pedestrian has fault of, according to fault degree appropriate reduce motor vehicle party of compensation responsibility; motor vehicle party no fault of, Assume the liability of not more than 10%. The provisions we can see that civil liability is not entirely broken down by responsibilities.
second, the Court can review the certificate of public security organs ' responsibility.
any party dissatisfied with the traffic accident responsibility determination will the lawsuit as administrative cases, all over the Court practice, in theory there are differences today. From the perspective of traffic accident responsibility determination, responsibilities with specific administrative acts and the dual nature of the documentary evidence. From a theoretical perspective, traffic accidents can be identified the specific administrative act, administrative proceedings, but practical considerations, and does not have a traffic accident responsibility determination suability of administrative cases. It is only an administrative confirmation, some scholars believe that the Administration confirm the Act constitutes a specific administrative act, because it is different from a specific administrative act, responsibility does not determine the specific rights and obligations of the parties. Supreme Court on the implementation of the administrative procedural law problems of interpretation of the first paragraph (f) provides: citizens, legal persons or other organizations does not have a practical impact on the rights and obligations, not part of the scope of accepting cases of administrative litigation. And responsibility has a strong technical and efficiency, in the case of lack of judicial resources, and also directly with the administrative proceedings for judicial review.
at present, our country is in civil litigation with responsibility in judicial review. In 2005, making the interpretation of the NPC Law Committee, clearly defined traffic accident responsibility determination cannot bring administrative proceedings, civil parties to traffic accident responsibility determination involved compensation dispute, may bring a civil action. Incidental review finds traffic accidents occurred in the civil trial, it is not exclusively determine whether traffic accidents identification is valid. Collateral review of specific administrative acts adopted way or rejected, but not to revoke or alter a specific administrative act. Such judicial review remedy more in line with China's judicial practice.
is incidental to the case reviews. For plaintiffs proposed of objections and application, court in trial in the for has exploration: excavator two front wheel with top most outside side wide 1.64 meters, occurred accident paint road wide 4 meters, sides is has half meters more wide of soil subgrade, county police team survey site figure marked of impact location from Road South 1.6 meters, refers to of is from paint Road South edge; police team exploration site Shi video proved party are not in site, exploration site Qian plaintiffs daughter has was rushed to hospital. On scene of traffic accident vehicle size should be marked, not compulsory by law, by Court Survey vehicle and road width, cannot prove that traffic police found errors of fact. Based on the above facts, the Court accepted the police traffic accident responsibility determination.